Big City Hosting


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Upon signing up for BigCityHosting.com's services, all customers agree to comply with these Terms of Use. BigCityHosting.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: misuse of copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, MP3, and IRC bots.

Adult Content Prohibited

Adult-oriented sites, pornography and sex-related merchandising are strictly prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Security and Server Resources

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a dedicated plan. BigCityHosting.com shall be the sole arbiter of what is considered to be a high server usage level.

Any web hosting account deemed to be adversely affecting server performance or network integrity may be shut down without prior notice.

Script Sharing

Script sharing with domains not hosted by BigCityHosting.com is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Chat Rooms

BigCityHosting.com does not allow customers to install their own chat rooms. Chat rooms normally require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, BigCityHosting.com provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and IRC

BigCityHosting.com may allow programs to run in the background. These programs will be considered on an individual basis and customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact BigCityHosting.com at support@bigcityhosting.com so that we can arrange set-up.

BigCityHosting.com does not allow IRC or IRC bots to be operated on our servers.

No Spam (unsolicited E-mail)

Spamming, the sending of unsolicited mass email from or through a BigCityHosting.com server or using an email address that is maintained on a BigCityHosting.com machine is STRICTLY prohibited. BigCityHosting.com will be the sole arbiter as to what constitutes a violation of this provision. Customers are also in violation of this provision if they engage in spamming using the service of another ISP or IPP, but reference in the spam a web site hosted on a BigCityHosting.com server, or if they sell or distribute software on their web site that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension.

Server Abuse

Any attempts to undermine or cause harm to a BigCityHosting.com server or customer are strictly prohibited.

Software Distribution

BigCityHosting.com's shared web hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@bigcityhosting.com to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. BigCityHosting.com shared web hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 50% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on BigCityHosting.com's servers shall be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. If you would like to notify BigCityHosting.com of an infringement of your copyright, the DMCA requires that you:

Send your notification to BigCityHosting.com's designated agent. You may choose any of the following three avenues for this notification:

• Email to support@bigcityhosting.com

• Mail or courier to BigCityHosting.com, Attention: Customer Support, 12 West 37st Street, 10th Floor, New York, NY 10018

Include in your notification the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")

• Identification of the copyrighted work(s) claimed to have been infringed.

• Identification of the material claimed to infringe the copyright(s), and enough information for BigCityHosting.com to locate it.

• The Claimant's name, address, and telephone number(s)

• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

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